In exceptional cases, Canada grants permanent residency to individuals who meet certain criteria that fall within the “humanitarian and compassionate” category. When you apply for permanent residence under Humanitarian And Compassionate category (H&C), you are telling the Canadian government that you or your family members are in a situation of danger or hardship. These circumstances differ and each case is unique. However, they typically require the applicant to demonstrate that the situation and its challenges are insurmountable and are causing extreme emotional distress and often serious harm if forced to stay or return to your home country.

Humanitarian And Compassionate Grounds cases are unusual, and typically considered based on the eligibility criteria for the program and whether circumstances are of an extraordinary enough nature to warrant an exemption from standard procedure.

Who may use this application?

You may use this application to apply for permanent residence from within Canada on humanitarian and compassionate grounds (H&C) if you:

• Are a foreign national currently living in Canada;
• Need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations in order to apply for permanent residence within Canada;
• Believe humanitarian and compassionate considerations justify granting the exemption(s) you need; and
• Are not eligible to apply for permanent residence from within Canada in any of these classes:
• Spouse or Common-Law Partner;
• Live-in Caregiver;
• Caregivers: caring for children or people with high medical needs;
• Protected Person and Convention Refugees; and
• Temporary Resident Permit Holder.

Humanitarian And Compassionate Grounds Letter

In order to be considered for this program, the responsibility is on the applicant to provide clear, concrete, and substantial evidence and clear proof of circumstances. They must be serious and dire enough to justify a decision to bypass the usual process.

The evidence required in an application under this category include letters, photographs, official documents, medical examination reports, etc. In evaluating this evidence, the immigration officer must determine the voracity of your claims and request for special dispensation under this program.

If the applicant is already in Canada, the immigration officer must assess current situation in Canada, and whether the applicant how the applicants removal or deportation back to their home country to may put them in danger or cause serious and undue hardship. The immigration officer must also determine whether an applicant can be self-sufficient or be a financial burden on Canadian society. The immigration system in Canada always looks for people who can become full and active contributors and participants in Canadian life. If there are children involved, their health and safety is an important consideration.

It is important to note that one may not have more than one H&C application at a time. If there is a pending refugee claim, an application for permanent residence on Humanitarian And Compassionate grounds will not be accepted.

NEED HELP?

At ICGCI, we may help you with advice and filing of an H&C-based application for permanent residence. Call us at +1 (604) 719-8200, or email us at [email protected] to learn how we can help you with your specific case.